Masciangelo v. DOLENTE

Opinion by

Packel, J.,

The appellants seek to overthrow a verdict of $113,-500 1 in favor of the appellee, who was struck by part of a tree coming up from the ground as he was operating a bulldozer. The appellants, by contract, had been obligated to clear the ground of any trees.

A real estate development corporation employed the appellants to clear a densely wooded tract and to remove all trees and stumps to predesignated areas. The uncontradicted testimony was that the performance of the work was ended and accepted by July of 1965 and that the ground appeared to be clear of any trees. On…